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2022 DIGILAW 581 (KAR)

Abdul Razak B. U. v. Union of India

2022-04-22

K.NATARAJAN

body2022
JUDGMENT K. Natarajan, J. - This petition is filed by accused Nos.6 and 7 under Section 439 of Cr.P.C., for grant of bail in NCB File No.48/1/19/2021 of BZU registered by the respondent - NCB for the offences punishable under Sections 8(c), 20(b)(ii)C, 23, 25, 27, 27a, 28 and 29 of N.D.P.S. act. 2. Learned Senior counsel for the petitioners is not pressing the bail petition in respect of 1st petitioner - accused No.6, with liberty to file a fresh petition after some times. 3. His submission is placed on record. 4. Learned Special Counsel for the respondent has filed statement of objections. The same is taken on record. 5. Heard learned Senior Counsel for the 2nd petitioner and learned Spl. Counsel for the respondent. 6. The Narcotic Control Bureau (NCB) filed charge-sheet against the petitioner and others for the aforesaid offences. It is alleged that on 30.09.2021 the complainant received a credible information that two persons are transporting Ganja in a Maruthi Swift Car; he informed the same to his Superior Officers; obtained permission; thereafter along with Panchas and staff he went to the spot where they intercepted a white colour Maruthi Swift Car bearing No.Ka-12/Ma-6697 wherein two persons were sitting inside the Car and on personal search of them, they seized 136.8 Kgs. of Ganja under a detail Panchanama; arrested the said persons; recorded their voluntary statements, wherein they stated that this petitioner is also involved in the alleged offence. accordingly, this petitioner - accused No.7 was arrested on 03.10.2021 and his bail petitioner came to be rejected by this Court in earlier in Crl.P. No.8998/2021 dated 12.01.2022. Now, the petitioner is before this Court on two grounds that the NCB has already investigated the matter and filed the charge-sheet and the another ground is that the petitioner is suffering from some renal problem and therefore on medical grounds he has filed the present petition. 7. Now, the petitioner is before this Court on two grounds that the NCB has already investigated the matter and filed the charge-sheet and the another ground is that the petitioner is suffering from some renal problem and therefore on medical grounds he has filed the present petition. 7. Having heard the learned counsel for the petitioner and the learned Special counsel for the respondent - NCB and on perusal of the records, especially the medical report of the petitioner furnished by the Chief Superintendent of Jail, Bengaluru, it reveals that the Chief Superintendent of Bangalore Central Jail sent a medical report of the petitioner which shows that the petitioner is taking treatment in the hospital at Jail as well as taken to Victoria Hospital and 'HCG' Hospital and the MRI Scan of the chest of the petitioner reveals that mildly prominent azygos and hemiazygos veins as under: '1. Hepatosplenomegaly 2. Thrombus within infra renal segment of interior vena cava; the thrombus also noted within right renal vein, distal superior mesenteric and portal veins. 3. Dilatedanastomic collaterals (retroperitoneal) noted in left renal hilum. 4. Dilated azygos and hemiazygos veins including paravertebral veins secondary to occluded inferior vena cava. 5. No evidence of any mass lesion. 6. No evidence of fluid collection. No evidence of bowel obstructions. He has consulted the Doctor of Bangalore Prison Hospital for abdominal pain and distension of veins which are present even at the lower back. Currently, his vital parameters are within Normal limits and his general condition is stable. He has been initiated on the medications which were recommended outside.' 8. Photographs of abdomen report produced by the Police shows some renal problem and also it shows that even the petitioner is taken to the Victoria Hospital and HCG Hospital and no purpose was served and they are not able to diagnose the problem and no proper treatment was started to give. Therefore, keeping aside the merit of the case, by looking to the medical condition of the petitioner, petitioner requires medical treatment for his problems in Super Specialty Hospital at his costs. Therefore, keeping the petitioner in jail to provide proper treatment to the petitioner is not possible. 9. Considering the facts and circumstances of the present case, without expressing any opinion on the merits of the case, in my view petitioner shall be released on bail on medical grounds. Therefore, keeping the petitioner in jail to provide proper treatment to the petitioner is not possible. 9. Considering the facts and circumstances of the present case, without expressing any opinion on the merits of the case, in my view petitioner shall be released on bail on medical grounds. Hence, I pass the following order: Order The Criminal Petition is partly allowed. In respect of 1st petitioner, petition is dismissed as withdrawn with liberty to file a fresh petition after some times. In respect of 2nd petitioner, petition is allowed. The concerned trial Court is directed to release the petitioner-accused No.7 on bail in NCB File No.48/1/19/2021 of BZU registered by the NCB for the offences punishable under Sections 8(c), 20(b)(ii)C, 23, 25, 27, 27a, 28 and 29 of N.D.P.S. act, subject to the following conditions; (i) Petitioner-accused No.7 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the concerned trial Court; (ii) Petitioner shall not indulge in similar offences strictly; (iii) Petitioner shall not directly or indirectly tamper with any of the prosecution witnesses; (iv) Petitioner shall not leave the jurisdiction of trial Court without prior permission and shall appear before the trial Court regularly. (v) If any of the conditions is violated by the petitioner, the prosecution is at liberty to move an application for cancellation of bail.